There was also another girl who was let go, who is deaf. No one else in her office was fired, and her boss told her that "they felt that the Doctor's assistants could do her job much faster, cheaper, and better" than what my mother could. Does she have a good case for an age discrimination lawsuit? Also, she was being paid $3.00 more per hour than anyone else in the company, and this year she would have been fully-vested. It's just amusing, especially since they fired my mom who's 56, and they fired a 30 year-old deaf employee on the same day. It seems to me that they were just "cleaning up the garbage" in the company.... Oh, she works in Shawnee Mission, KS so anything with the law would have to pretain to the Kansas laws. Need help!! Thanks!!
2007-01-29 14:21:14 · 6 answers · asked by Zachary 2 in Politics & Government ➔ Law & Ethics
She needs to contact the EEOC in her area. They would have to find that there was a violation of the ADEA. Before she can sue/have a claim they would have to find cause for her to go forward.
www.eeoc.gov
Any discriminatory laws are FEDERAL laws, not state. The other poster was right when they said that there is a high burden of proof and it is hard to prove discriminate BECAUSE OF age period.
2007-01-30 10:16:37 · answer #1 · answered by bouchu77 2 · 0⤊ 0⤋
What a rotten way to treat a faithful employee!!
Unfortunately, Kansas is a right to work state. Employers can let someone go because they're cross-eyed and it creeps out the boss. It would be very difficult to prove a case of age discrimination when only one older person was released. If the company has a history of dismissing people prior to vesting, and you have all of their names, an attorney might be able to make a case for discrimination. Also, if, within the next few months, her old position (which was never really eliminated) is filled with a younger person, she might have a case.
2007-01-29 14:37:45 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I think your mother should consult a employee/ employer attorney. They can dig deeper in her situation and find patterns and help establish proof for her claim.Tell her to refrain from informing her employer about her intentions. Chances are that they fired her unlawfully, via discrimination. and will lie and come up with many excuses why her outstanding work is now substandard. They stand a chance of being sued for millions so your Mom is fair game.
2007-01-29 14:39:19 · answer #3 · answered by Debbi 4 · 0⤊ 0⤋
Go to your Labor Department, or whatever it is you call it. Find out about the Magna Carta of workers and then try to consult a lawyer about your mother's case, and find out the labor laws of Kansas State, which i think should not contradict with the Magna carta, if it starts to contradict the magna carta, then i think you have clear case of illegal dismissal from work.
2007-01-29 14:33:36 · answer #4 · answered by PooRich 2 · 0⤊ 0⤋
Try the site below on this issue. Make sure to change the location/state in which you reside or work. Hope this helps.
2007-01-29 14:26:40 · answer #5 · answered by citronge69 4 · 0⤊ 0⤋
No, she really doesn't. She needs to be able to prove the discrimination, as she bears the burden of proof. With what you stated, she can't bear that burden.
2007-01-29 14:26:48 · answer #6 · answered by cyanne2ak 7 · 0⤊ 0⤋